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United States v. Clark

United States District Court, D. Montana, Great Falls Division

February 14, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
C'ERRA DAWN CLARK, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          JOHN JOHNSON UNITED STATES MAGISTRATE JUDGE

         I. Synopsis

         The United States accused Ms. Clark of violating the conditions of her supervised release by 1) consuming alcohol, 2) failing to participate in a program for mental health treatment, 3) failing to report for substance abuse testing, 4) failing to report for substance abuse treatment, 5) failing to live at a place approved by her probation officer, 6) failing to follow instructions of the probation officer, and 7) using a controlled substance. She admitted to the violations. Ms. Clark's supervised release should be revoked. She should be sentenced to twelve months and one day, with no term of supervised release to follow.

         II. Status

         In April 2013, Ms. Clark pleaded guilty to the crime of Assault Resulting in Serious Bodily Injury. (Doc. 28). The Court sentenced her to thirty-three months of incarceration, followed by three years of supervised release. (Doc. 61). Ms. Clark's first period of supervised release began on September 15, 2014.

         In February 2015, the Court revoked Ms. Clark's supervised release because she violated her conditions by failing to 1) refrain from use of any controlled substance, except as prescribed by a physician, 2) refrain from associating with any person engaged in criminal activity and convicted of a felony, 3) participate in substance abuse testing, 4) participate in and complete a program of substance abuse treatment, 5) participate in a program for mental health treatment, and 6) abstain from the consumption of alcohol. United States District Court Judge Brian Morris sentenced her to four months of custody, followed by thirty months of supervised release. (Doc. 48). Ms. Clark's next term of supervised release began on May 20, 2015.

         On September 16, 2015, the Court revoked Ms. Clark's supervised release because she violated her conditions by failing to notify her probation officer of a change in residence, failing to participate in substance abuse treatment, and failing to participate in substance abuse testing. The Court sentenced her to four months of custody and twenty-eight months of supervised release. (Doc. 59). Her next term of supervision began on February 3, 2016.

         On June 1, 2016, the Court revoked Ms. Clark's supervised release because she refused to participate in substance abuse testing, substance abuse treatment, and mental health treatment. Ms. Clark also failed to report to her probation officer as directed and failed to answer her supervising officer's questions truthfully. The Court sentenced Ms. Clark to three months in custody, followed by twenty-five months of supervised release. (Doc. 76.) Mc. Clark's current term of supervised release began on July 15, 2016.

         On July 22, 2016, the United States Probation Office filed a petition asking the Court to revoke Ms. Clark's supervised release for failing to report to a Residential Reentry Center. (Doc. 78). On October 12, 2016, Ms. Clark was sentenced to time served plus one day, with twenty-five months of supervised release to follow. (Doc. 94).

         On January 26, 2017, Ms. Clark's supervised release was again revoked after admitting to using a controlled substance and having been terminated from the residential re-entry center. She was sentenced to six months custody, with eight months of supervised release to follow. (Doc. 106).

         Petition

         On October 2, 2017, the United States Probation Office filed a petition seeking to revoke Ms. Clark's supervised release. The petition alleges that:

1) On July 27, 2017, Ms. Clark submitted a urine sample positive for alcohol use and admitted to consuming alcohol on July 25, 2017,
2) On August 7, 2017, Ms. Clark failed to report for her initial appointment in her required program for mental health treatment and has not participated in treatment ...

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